STATE v. GRANEY

No. 79-1529.

380 So.2d 500 (1980)

STATE of Florida, Appellant, v. Daniel Patrick GRANEY, Appellee.

District Court of Appeal of Florida, Second District.

February 22, 1980.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and James S. Purdy, Asst. Atty. Gen., Tampa, for appellant.

Arthur N. Eggers, Tampa, for appellee.


CAMPBELL, Judge.

The appellant, State of Florida, by information, charged the appellee, Daniel Patrick Graney, the defendant below, with unlawfully entering a structure with intent to commit theft therein in violation of Section 810.02, Florida Statutes (1977). That statute provides a defense to the offense charged if "the premises are at the time open to the public or the defendant is licensed or invited to enter or remain." In an attempt to show that he came within...

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